Minister Calleary announces publication of the Employment Agency Regulation Bill

The Minister for Labour Affairs, Mr. Dara Calleary, T.D., today (Friday 10^th July 2009) announced that the Government has presented the Employment Agency Regulation Bill to the Oireachtas. The Bill is intended to enhance and strengthen the regulatory framework for the operation of employment agency services in the State.

Minister Calleary said that “with publication of this Bill the Government is meeting its commitments on another of the core elements of the recent Partnership Agreement, and demonstrates again the benefit of social partnership as an enabler of economic and social progress”. Current licensing provisions, he said, are now more than 35 years in place and the proposals in the Bill reflect a need to move to a new approach in line with the significant developments in our economy and in employment practices in the intervening period.

The main purpose of the Bill, he said, is to provide that employment agencies offering a service in the State, even if based abroad, will require to be licensed in Ireland unless otherwise licensed or regulated in a Member State of the European Economic Area (EEA). It will be an offence for a person to engage and/or enter into an agreement with an employment agency that is not licensed or a ‘recognised’ agency from another EEA state.

A core provision in the Bill, the Minister stressed, is the capacity “to prohibit employment agencies from carrying on the business of an employment agency or providing a service to a person in Ireland in certain circumstances – where an agency has contravened the provisions of the Bill”. The Bill also provides for

• Prosecution in absentia;

• Enforcement of Irish judgements in other EEA Member State jurisdictions;

• Protection for Whistleblowers.

An Advisory Committee will prepare for the Minister’s consideration, a Code of Practice to guide behaviour in the sector.

The Minister also confirmed that the Government has approved the drafting of a further provision for inclusion in the Bill, on foot of a commitment in Towards 2016 and the Review and Transition Agreement 2008-09, to prohibit the use of agency workers in an official strike or lock out situation.

Minister Calleary emphasised that “we need to ensure that a balanced approach is adopted in relation to this legislation which meets both the need to protect potentially vulnerable agency workers and the needs of enterprise for flexible labour supply.” The Minister said that the Bill meets these criteria.

The Minister referred to the recent adoption of the EU Directive on Temporary Agency Work which “was a further positive development for agency workers and the sector and which will further enhance the position of agency workers”. EU Member States have three years in which to transpose the Directive into domestic law. Minister Calleary said that “he is looking forward to the conclusion of an Agreement between the Social Partners on a Framework for handling the issue of equal treatment in an Irish context”. The Department of Enterprise, Trade and Employment will continue to assist the Social Partners in this regard.